IN THE COURT OF APPEAL
| SUPREME COURT OF QUEENSLAND | Appeal No. 218 of 1995 Appeal No. 219 of 1995 |
| Brisbane | |
| [Johannsen & Chambers v. D.P.P.] | |
| BETWEEN: |
PAUL THEODORE JOHANNSEN
(First Applicant) First Appellant
AND:
PAMELA ANN CHAMBERS
(Second Applicant) Second Appellant
AND:
THE DIRECTOR OF PUBLIC PROSECUTIONS
(Respondent) Respondent
FITZGERALD P.
MCPHERSON J.A.
THOMAS J.
Judgment delivered 30/04/1996
SEPARATE REASONS FOR JUDGMENT OF FITZGERALD P., MCPHERSON J.A. AND THOMAS J; FITZGERALD P. AND THOMAS J. CONCURRING AS TO THE ORDERS MADE, AND MCPHERSON J.A. CONCURRING WITH THE ORDER THAT THE APPEAL OF PAMELA ANN CHAMBERS BE DISMISSED, AND DISSENTING IN RESPECT OF PAUL THEODORE JOHANNSEN’S APPEAL BEING ALLOWED.
PAMELA ANN CHAMBERS’ APPEAL DISMISSED.
PAUL THEODORE JOHANNSEN’S APPEAL ALLOWED WITH A PERMANENT STAY
GRANTED ON THE INDICTMENT FOR MURDER.
CATCHWORDS: | MURDER - appeal against decision to refuse to stay an indictment for murder - unexplained delay of 20 years in commencing proceedings, with many prospective witnesses deceased - certain evidence unavailable - abuse of judicial process - fair trial |
| IN THE COURT OF APPEAL | [1996] QCA 111 |
SUPREME COURT OF QUEENSLAND | Appeal No. 218 of 1995 Appeal No. 219 of 1995 |
| Brisbane | |
| Before | Fitzgerald P. McPherson J.A. Thomas J. |
[Johannsen & Chambers v. D.P.P.]
BETWEEN:
PAUL THEODORE JOHANNSEN
(First Applicant) First Appellant
AND:
PAMELA ANN CHAMBERS
(Second Applicant) Second Appellant
AND:
THE DIRECTOR OF PUBLIC PROSECUTIONS
(Respondent) Respondent
REASONS FOR JUDGMENT - FITZGERALD P.
Judgment delivered 30/04/1996
Since judgment was reserved in these appeals, one of the appellants, Pamela Anne Chambers, has died.
The appeals were brought by Mrs Chambers and Paul Theodore Johannsen (“the appellants”) from
a decision of a Judge of the Trial Division who refused to stay an indictment charging them with the
murder of Joel John Wlodarczyk. According to the prosecution case, the victim was shot and killed
at New Farm at about 10 p.m. on 18 February 1974 and his body was found floating in the Brisbane
river near the wheat wharf at Pinkenba on 20 February 1974. He had a number of injuries including a gunshot wound to the neck which caused his death, and had been severely beaten with a weapon
before the shot which killed him. The appellants were charged more than 20 years later, on 5 July
1994. The prosecution alleges that Mrs Chambers shot the victim and that Mr Johannsen was present.
Broadly summarised, the prosecution case is that, on 10 February 1974, a painter and docker,
O’Connor, died and, on 15 February, another painter and docker, Reeves, was shot and injured.
O’Connor’s funeral was held on 18 February, after which there were a number of “wakes” at which
painters and dockers were present. One such meeting occurred that night at premises at 100 Sydney
Street, New Farm, rented by Jeff and Roma McIntosh. Those present were Mr & Mrs McIntosh, the
victim Wlodarczyk (also known as Grovner and Gravner), who also resided at the premises, Paddy
Delaney (also known as David Richard…
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- Case
- [1996] QCA 111
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the unexplained delay in commencing the murder proceedings constituted an abuse of process, thereby warranting a stay of the indictment. Additionally, the court had to consider whether the unavailability of certain evidence and the death of witnesses would prejudice the respondents' right to a fair trial. The respondents argued that these factors together constituted an abuse of process that warranted a stay of proceedings under section 346A of the Criminal Procedure Act.
The court held that the delay in commencing proceedings was not sufficient to constitute an abuse of process. The court acknowledged the significant delay but found that it did not prejudice the respondents' right to a fair trial. The court held that the respondents had failed to demonstrate how the delay or the unavailability of certain evidence would prejudice their defence. Furthermore, the court held that the deaths of prospective witnesses did not prejudice the respondents' right to a fair trial, as the respondents had not demonstrated how the deceased witnesses' testimony would have been material to their defence. The appeal was dismissed, and the decision of the Court of Criminal Appeal to refuse a stay of proceedings was upheld.
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